Do I Have to Go to Mediation Before Court?
Updated: Jun 29
In most cases in England and Wales, yes — you are usually expected to attend mediation before you can apply to court for a family dispute.
This is part of what’s known as attending a MIAM (Mediation Information and Assessment Meeting).
What Is a MIAM?
A MIAM is a short meeting where you speak with a qualified mediator to:
Understand how mediation works
Explore whether your situation could be resolved outside of court
See if mediation is suitable for your case
Discuss next steps
It doesn’t mean you are committing to mediation — it is an information and assessment session.
Do I Always Have to Attend a MIAM?
In most family law cases, you are expected to attend a MIAM before making a court application.
However, there are some exceptions, for example:
If there is evidence of domestic abuse
If the case is urgent (e.g. risk to a child)
If mediation has already been tried and is not suitable
If the other party is unwilling to attend
A mediator can help assess whether any exemptions apply.
Why Is Mediation Encouraged First?
The court usually prefers parents to try to resolve issues without going to a hearing, because:
It can reduce conflict
It is quicker than court
It is usually less expensive
It helps parents maintain control over decisions
It is often better for children emotionally
What If Mediation Doesn’t Work?
If mediation is not successful, or not appropriate, you can still apply to court.
If you attend a MIAM but don’t reach an agreement, the mediator can sign the necessary paperwork so you can proceed with your court application.
How Mediation Can Help
Even if agreement feels difficult, mediation can still help parents:
Have structured conversations
Clarify key issues
Explore possible compromises
Reduce hostility and misunderstanding
Focus on the child’s needs
Final Thoughts
In most cases, you will need to attend a MIAM before going to court for family arrangements. Mediation is encouraged because it often helps families reach agreements more quickly and with less conflict.
If you are unsure whether mediation is right for your situation, a mediator can explain your options and whether any exemptions apply.
